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Expungement and record sealing

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Key facts: Expungement destroys or strikes out a criminal record, most states permit it for some offenses, and federal expungement remains narrow compared to state options.[1][2]

Expungement is a legal process that destroys, obliterates, or strikes out criminal records held in court files, police databases, and other depositories.[1]Most states allow some form of record expungement, though eligibility and effect depend heavily on the laws of the particular jurisdiction.[1]Federal law has historically offered far more limited relief than state law.[2][3]

Definition

To expunge a record means to destroy, obliterate, or strike out information held in court files, police databases, and other depositories.[1]Criminal record expungement is the most familiar example of this process.[1]The majority of states permit people to have at least some criminal records expunged, though the details depend on the law of the state where the case was handled.[1]For background on how offenses are classified and why that classification can affect later record relief, see felony vs misdemeanor vs infraction.

Expungement vs sealing

Not every state treats an expunged record the same way. In some states, the arrest record is completely removed from all databases, so a person can deny the arrest ever happened.[1]In other states, a public record of the arrest remains even after it has been expunged.[1]Because of this variation, a record described as "expunged" in one state may still be visible in official files in another, and people should not assume the term means the same thing everywhere.[1]

Who may qualify

Most states place limits on which convictions and arrests can be expunged.[1]Records that are more likely to qualify include juvenile charges, charges that were dropped or dismissed, and low-level misdemeanors.[1]Some jurisdictions automatically expunge a juvenile's criminal record once that person reaches a certain age, without the need for a separate request.[1]For more on how youth cases are handled differently, see juvenile justice. The usual process begins with filing a petition in the court that handled the original case and paying a required fee.[1]

Federal law

Until recently, there was no federal law generally authorizing expungement or sealing of a federal conviction.[3]The only federal authority before that change was a narrow provision of the Federal First Offender Act, 18 U.S.C. § 3607, which applies to a person charged with misdemeanor drug possession under 21 U.S.C. § 844 who has no prior conviction for violating a federal or state controlled-substances law.[2][3]Under that provision, a court may place the person on probation for up to one year without entering a judgment of conviction, and if probation conditions are met, the court dismisses the proceedings and discharges the person without a conviction on record.[2]See drug possession for more on how these charges are generally handled. Expungement of the resulting record under this provision is available only if the person was under twenty-one years old at the time of the offense.[2]On January 23, 2026, the Trafficking Survivors Relief Act, codified at 18 U.S.C. § 3771A, authorized courts to grant record relief, including vacatur and expungement, to survivors of human trafficking who were arrested or convicted of a nonviolent federal crime as a direct result of being trafficked.[3]This was described as the first time federal law has explicitly authorized expungement of a conviction record.[3]For related constitutional protections during the underlying criminal case, see constitutional rights of the accused.

How states differ

State expungement and sealing laws vary widely, and the majority of states allow some form of record relief depending on local law.[1]States have also been changing these laws through new legislation. For example, one state legislature approved a measure requiring automatic expungement of felony and misdemeanor drug possession and paraphernalia convictions after conviction-free periods, with felonies eligible after three years and misdemeanors after one year, subject to limits on how many expungements a person may receive.[3]Another state's governor vetoed a bill that would have authorized automatic sealing of many misdemeanor convictions after five conviction-free years as part of a broader "clean slate" record-relief trend.[3]Because these details differ so much by jurisdiction, readers can start with general background at criminal law basics or review the criminal process step by step to understand how a case moves from charge to disposition, which affects later record eligibility.

Limits of expungement

Even where a record is expunged, limits can remain. Under the federal first-offender provision, a nonpublic record of the disposition or expungement is retained by the Department of Justice solely so courts can determine in a later proceeding whether the person again qualifies for that kind of relief.[2]A disposition or expungement under that provision is not considered a conviction for purposes of any legal disqualification or disability, and the person is not treated as having committed perjury or making a false statement for not disclosing the arrest or proceedings afterward.[2]At the state level, some jurisdictions still keep a public record of an arrest even after it has technically been expunged, so the practical effect of expungement is not uniform.[1]People weighing whether to seek expungement, or how a record might affect sentencing or plea decisions in a pending case, may want to discuss options with counsel; see public defenders for information on appointed counsel, and plea bargaining and criminal sentencing for how a case's resolution can shape later record relief.

Common questions

What does expunged mean?

To expunge a record means to destroy, obliterate, or strike out information about an arrest or conviction held in court files, computers, and other depositories.[1]Depending on the state, this can mean the arrest record is removed from all databases so the person can deny it happened, or it can mean a public record still exists even after expungement.[1]

What crimes cannot be expunged?

Most states restrict which crimes can be expunged, and the most common exclusions are murder, rape, terrorism, capital offenses, and assault with a deadly weapon that caused serious injury.[1]Records more likely to be expunged instead include juvenile charges, charges that were dropped or dismissed, and low-level misdemeanors.[1]

How do I get something off my record?

The process usually begins with filing a petition in the court that handled the original case and paying a filing fee.[1]Because the available relief and eligibility rules differ by jurisdiction, and federal expungement authority has historically been very narrow, what is possible depends heavily on the specific state or federal law involved.[1][2]

Can a federal conviction be expunged?

Until recently, federal law offered no general expungement authority for federal convictions, with the only exception being a narrow provision for first-time misdemeanor drug possession offenders under 18 U.S.C. § 3607.[2][3]The Trafficking Survivors Relief Act, 18 U.S.C. § 3771A, later authorized courts to grant expungement and vacatur to trafficking survivors convicted of nonviolent federal crimes committed as a direct result of their trafficking.[3]

Is sealing the same as expungement?

The terms are related but not identical in effect: some states completely remove an arrest record from all databases after expungement, while other states keep a public record of the arrest even after it has been expunged.[1]Because of this variation, the practical result of having a record expunged or sealed depends on the specific state law involved.[1]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z 26 "Expunge (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j "18 U.S.C. § 3607". U.S. Code via Legal Information Institute. Retrieved November 2026.
  3. ^ a b c d e f g h i j k "Collateral Consequences Resource Center". Collateral Consequences Resource Center. Retrieved November 2026.